Enacts the "forensic rehabilitation act" relating to the custody of individuals following a verdict or plea of not responsible by reason of mental disease or defect.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8603
SPONSOR: Simon TITLE OF BILL:
An act to amend the criminal procedure law, in relation to enacting the
"forensic rehabilitation act"; and to repeal subdivision 14 of section
330.20 of such law, relating to recommitment orders
PURPOSE OR GENERAL IDEA OF BILL:
To amend the criminal procedure law to change time limits of confinement
for individuals held in confinement under §§ 330.20 & 730.50.
SUMMARY OF PROVISIONS:
Amends Section 1 of § 330.20 of the criminal procedure law subdivisions
(c) (d) (g) (h) (i) and (k)
JUSTIFICATION:
This bill will address concerns about individuals being held for years,
decades, and indefinitely in forensic detention after being found not
guilty by reason of their mental health needs or by taking such a plea
under § 330.20 or being deemed not competent to stand trial under §
730.50.
As it stands, people found not guilty due to mental health issues or are
often confined in abusive secure facilities for longer than the
sentences they would have received if found guilty. Research indicates
that extended stays in these facilities do not reduce re-arrest rates,
particularly for violent offenses after release. Decisions regarding
their confinement and treatment are primarily controlled by prosecutors
and judges rather than mental health professionals or the individuals
and their families. These decisions rely on a vague definition of
"dangerous," leading to unfair confinement. Consequently, many are
re-committed to these facilities post-release despite posing no harm and
benefiting more from community-based services.
These changes will place time limits on confinement for §§ 330.20 and
730.50. They will ensure that decisions about the need for confinement
under mental health custody are driven by mental health clinicians and
officials and not by prosecutors from the original case.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
none
EFFECTIVE DATE:
This bill shall take effect 30 days after it shall have become a law.
